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Lead Counsel for the petitioner in the ongoing election petition hearing Mr Tsatsu Tsikata on Monday February 15, apologized to the Chairperson of the 1st Respondent in the case, Jean Adukwei Mensa for saying in court that she sunk low.
Making a case for their move to subpoena her to testify, Mr Tsikata said in court that “To talk about grievances of being served tea respectfully that is such a lack of truthfulness in terms of how the evidence came in.
[Rojo Metle-Nunoo] did not express a grievance here that they served tea and not biscuits. It was out of question and he answered truthfully.
“For the chair person to descend into such triviality which was brought on by cross-examination of her own counsel that shows the depth to which she has sunk.”
It was at this point that the Chief Justice Anin Yeboah came to say “Mr Tsikata the practice is that you lawyers draft affidavit in applications so please don’t let us go that far”.
Another Justice of the Court also said “Beyond that I would advise that you withdraw”.
Following this, Mr Tsikata said “I withdraw the statement about the depth to which she has sunk. I apologize that I used unduly strong language and I apologize to the chairperson of the 1st respondent”.
Mr Tsikata told the Supreme Court that he closed the petitioner’s case because he thought the Chairperson of the 1st Respondent, Mrs Jean Adukwei Mensa will make herself available for cross-examination.
He said that the affidavit of the 1st Respondent indicated that she will testify in the case hence, their earlier decision to close their case for that to happen.
“We had the expectation that the chairperson of the 1st Respondent will testify” hence the closure of the case.
“The Chairperson of the 1st Respondent has in affidavit made clear that the petitioner will in no way be prejudiced because the questions that the petitioner sought to have in interrogatories those will be subject matter in cross examination,” Mr Tsikata told the court.
Meanwhile, Mrs Adukwei Mensa, has sworn an affidavit, praying the Supreme Court to dismiss a fresh application filed by petitioner in the election petition case John Dramani Mahama to reopen the case.
According to Mrs Mensa, the application is not warranted by any rule of law or procedure “and the same should be dismissed by this Honourable Court”.
She indicated that Mr Mahama’s application is “creating the erroneous impression that this application is made at my behest”.
The Chair of the Commission explained that at no time had she informed the petitioner nor his lawyers of her desire to testify in the case.
Lawyers of Mr Mahama on Thursday, February 11 declared their intention to re-open the case in order to subpoena Mrs Mensa as the Returning Officer of last year’s presidential elections to testify.
